Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

PROPERTY 229
If he decides to make those repairs, the usufructuary
must endure any inconveniences resulting therefrom.
If he refuses, the usufructuary may make them himself
and be reimbursed the price, without interest, by the bare
owner at the end of the usufruct.
136 The usufructuary is responsible, in proportion to the
duration of his usufruct, for all ordinary charges affecting the
immoveable subject to his right, particularly land taxes and
other annual dues or periodic contributions usually paid out of
income.
He is also liable for extraordinary charges, particularly
special taxes for improvements and other similar contributions,
when such charges or contributions are payable in
periodic instalments over a number of years.
137 The usufructuary by particular title of a thing is not
personally responsible for the hypothecs which affect it.
Similarly, when the usufruct is constituted by will, the
usufructuary by particular title is not obliged to pay any part
of the debts of the succession.
If a usufructuary is compelled to pay any of these debts
in order to preserve his right, he may require immediate
reimbursement from the debtor, or from the bare owner upon
extinction of the usufruct.
138 When a usufruct is constituted by will, the usufructuary
of the whole succession is responsible for full payment of any
annuities or any support established by the testator, and for
payment of the interest on all hereditary debts.
The usufructuary of an aliquot share of a succession, or
of all or an aliquot share of the moveable or immoveable
property is responsible for these payments in proportion only
to his share in the succession.